[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Rules and Regulations]
[Pages 46276-46277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22056]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01 99-145]
RIN 2115-AA97
Safety Zone: Salvage of Sunken Fishing Vessel CAPE FEAR, Buzzards
Bay, MA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone within a five
hundred (500) yard radius of the site of the sunken fishing vessel CAPE
FEAR in the entrance to Buzzards Bay, Massachusetts during oil removal
and salvage operations. Once the vessel is salvaged and brought to the
surface, a temporary moving safety zone extending 1,000 yards ahead and
astern, and 500 yards on either side is established around the fishing
vessel CAPE FEAR while it is towed into and safely moored in the port
of Fairhaven, MA. This safety zone is needed to protect personnel and
their resources on-scene during oil pollution abatement and salvage
operations, the maritime community from hazards associated with ongoing
oil pollution abatement and salvage operations, any spectators or
vessels in the vicinity, and to ensure the safe transit and mooring of
the fishing vessel CAPE FEAR as it is towed into the port of Fairhaven,
Ma. Entry into this zone is prohibited unless authorized by the Captain
of the Port (COTP), Providence, RI.
EFFECTIVE DATE: This rule is effective from 12 midnight on Saturday,
July 31, 1999, until 12 midnight on Tuesday, August 31, 1999.
FOR FURTHER INFORMATION CONTACT: LT David C. Barata, Waterways
Management, Coast Guard Marine Safety Office, Providence, RI, at (401)
435-2300.
SUPPLEMENTARY INFORMATION:
Regulatory History
Pursuant to 5 U.S.C. 553, a notice of proposed rulemaking (NPRM)
was not published for this regulation and good cause exists for making
it effective less than 30 days after Federal Register publication. Due
to the date that conclusive information for this event was received,
there was insufficient time to draft and publish an NPRM. Any delay
encountered in this regulation's effective date would be contrary to
public interest since immediate action is needed to close a portion of
Buzzards Bay to protect personnel and their resources on-scene during
oil pollution abatement and the salvage operations, the maritime
community from hazards associated with ongoing oil pollution abatement
and salvage operations, any spectators or vessels in the vicinity, and
to ensure the safe transit and mooring of the fishing vessel CAPE FEAR
as it is towed into the port of Fairhaven, Ma.
Background and Purpose
This regulation established a safety zone in all waters within a
five hundred (500) yard radius of the site of the sunken fishing vessel
CAPE FEAR (O.N. D655734) in the entrance to Buzzards Bay at approximate
position 41 deg.23' N, 071 deg.01' W during oil pollution abatement and
salvage operations. After the vessel is salvaged and brought to the
surface, a temporary moving safety zone will immediately be established
on all waters extending 1,000 yards ahead and astern, and 500 yards on
either side of the fishing vessel CAPE FEAR until it is towed into and
safety moored in the port of Fairhaven, MA. This safety zone is needed
to protect personnel and their resources on-scene during oil pollution
abatement and salvage operations, the maritime community from hazards
associated with ongoing oil pollution abatement and salvage operations,
any spectators or vessels in the vicinity, and to ensure the safe
transit and mooring of the fishing vessel CAPE FEAR as it is towed into
the port of Fairhaven, MA. The public will be made aware of the change
from a stationary to moving safety zone through a Broadcast Notice to
Mariners made from U.S. Coast Guard Group Woods Hole. Entry into this
zone is prohibited unless authorized by the Captain of the Port (COTP),
Providence, RI.
Regulatory Evaluation
This temporary final rule is not a significant regulatory action
under section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040, February 26, 1979). The Coast Guard expects the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This safety zone involves a small area of Buzzards Bay.
Although this regulation prevents traffic from transiting in the
immediate area of the salvage site and prevents vessels from transiting
near the fishing vessel CAPE FEAR as it is towed, the effect of this
regulation will not be significant as all vessel traffic may safety
pass around this safety zone and extensive maritime advisories will be
made.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small
[[Page 46277]]
entities. ``Small entities'' may include (1) Small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields and (2) governmental jurisdictions
with populations of less than 50,000.
For the reasons addressed in the Regulatory Evaluation above, the
Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not
have a significant economic impact on a substantial number of small
entities.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this final rule so that
they can better evaluate its effects on them and participate in the
rulemaking. If your small business or organization would be affected by
this final rule and you have questions concerning its provisions or
options for compliance, please call LT D.C. Barata, telephone (401)
435-2300.
The Ombudsman of Regulatory Enforcement for Small Business and
Agriculture and 10 Regional Fairness Boards were established to receive
comments from small businesses about enforcement by Federal agencies.
The Ombudsman will annually evaluate such enforcement and rate each
agency's responsiveness to small business. If you wish to comment on
enforcement by the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this action in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that these regulations do not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the
Coast Guard must consider whether this rule will result in an annual
expenditure by state, local, and tribal governments, in aggregate of
$100 million (adjusted annually for inflation). If so, the Act requires
that a reasonable number of regulatory alternatives be considered, and
that from those alternatives, the least costly, most cost-effective, or
least burdensome alternative that achieves the objective of the rule be
selected. No state, local, or tribal government entities will be
effected by this rule, so this rule will not result in annual or
aggregate cost of $100 million or more. Therefore, the Coast Guard is
exempt from any further regulatory requirements under the Unfunded
Mandates Act.
Environment
The Coast Guard has considered the environmental impact of these
regulations and concluded that under Figure 2-1, paragraph 34(g) of
Commandant Instruction M16475.1C, this final rule is categorically
excluded from further environmental documentation. A written
Categorical Exclusion Determination is available in the docket for
inspection or copying where indicated under Addressee.
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this final rule and reached the following
conclusions:
E.O. 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This final rule will not
effect a taking of private property or otherwise have taking
implications under this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This final
rule meets applicable standards in sections 3(a) and 3(b)(2) of this
Order to minimize litigation, eliminate ambiguity, and reduce burden.
E.O. 13405, Protection of Children from Environmental Health Risks
and Safety Risks. This final rule is not an economically significant
rule and does not concern an environmental risk to safety
disproportionately affecting children.
List of Subjects in 33 CFR part 165
Harbors, Marine safety, Navigation (water), Reports and
recordkeeping requirements, Security measures, Waterways.
Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05(g), 6.04-
1, 6.04-6, 160.5; 49 CFR 1.46.
2. Add temporary Sec. 165.T01-145 to read as follows:
Sec. 165.T01-145 Safety Zone: Salvage of Sunken Fishing Vessel CAPE
FEAR, Buzzards Bay, MA.
(a) Location. The following area has been declared a safety zone:
All waters within five hundred (500) yard radius of the site of the
sunken fishing vessel CAPE FEAR (O.N. D655634) in the entrance to
Buzzards Bay at approximate position 41 deg.-23'N, 071 deg.-01'W during
oil pollution abatement and salvage operations. After the vessel is
salvaged and brought to the surface, a temporary moving safety zone
will immediately be established on all waters extending 1,000 yards
ahead and astern, and 500 yards on either side of the fishing vessel
CAPE FEAR until is towed into and safety moored in the port of
Fairhaven, MA.
(b) Effective date. This section is effective from 12:00 midnight
on Saturday, July 31, 1999, until 12:00 midnight on Tuesday, August 31,
1999.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone is
prohibited unless authorized by the COTP Providence.
(2) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene U.S. Coast Guard patrol personnel.
U.S. Coast Guard patrol personnel include commissioned, warrant, and
petty officers of the U.S. Coast Guard.
(3) The general regulations covering safety zones in Sec. 165.23 of
this part apply.
Dated: July 29, 1999.
Peter A. Popko,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-22056 Filed 8-24-99; 8:45 am]
BILLING CODE 4910-15-M
